Asked in Landlord or Tenant
Dear Sir, It is not applicable to private house owners. Just file eviction suit.
maxim of force majure will come in the play if it was part of the recitals of the agreement. Positively you can retain the amount of deposit but as a trust money till the amount of unpaid rent is cleared. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.
force majure ether it is mentioned or not in the agreement, it depends upon the natural calamity. whereas you are not getting rent from how long, firstly tel me.
whether the lockdown/force mazure clause is mentioned in the lease agreement, if no, you can hold the deposits and demand the outstanding rent after adjusting the deposits, if yes, you have to proceed as per the relevant clause.
Hello, As per the various orders by High Courts, a tenant cannot refuse to pay rent on the basis of Covid-19 pandemic as the same is not covered by Force Majeure clause. The tenant has to pay the rent till he vacates the property. You can not only withhold his rent but adjust the same against his dues if you decide to terminate the tenancy. You can also file a Suit to recover your dues. Feel free to contact me for further assistance. Regards, Divjot Singh, Advocate *Phone*
Hi, You can keep the deposit till his rent is unpaid . You are legally allowed to do so. However, in practical life, most of the Force Majeure clauses do not excuse a party’s non-performance completely; suspend it only for the duration of the force majeure time. If you find this helpful please rate my answer. Thank you
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